…Go F**k yourself!
… was the final communication made on 24 February, the first day of the 2022 Snake Island campaign, by Ukrainian border guard Roman Hrybov to the Russian missile cruiser Moskva just before the ship opened fire on Sevastopol.
The phrase went viral in the weeks following the attack and was soon found on posters and T-shirts. Among other things, the Ukrainian Post also issued a special stamp for this purpose. In March 2022, the Ukrainian border guard wanted to have the slogan – including two decency stars – protected in Europe as a figurative mark for a whole range of merchandise and publishing articles – without success (T 82/24, 13.11.2024).
Following the negative decision by the EUIPO, the General Court of the European Union in Luxembourg has now also confirmed the rejection. The judges emphasized that the sign lacked the necessary distinctive character because in the meantime it was an often-used political statement. It would therefore not be perceived by the public as an indication of origin for the goods claimed.
The outcome of the proceedings was foreseeable. The ruling is one of a number of decisions in which EUIPO almost fundamentally denies the eligibility of slogans as trademarks because it sees them as nothing more than an advertising statement.
The fact is that, as in the area of color marks, successful registration is only possible if the applicant can prove a market penetration of more than 50%. In other words, at least half of the public to whom the range of goods is specifically directed must associate the sign with a manufacturer, whereby it is not important that a specific company is named (it just must not be the wrong one).
The decision can still be appealed to the ECJ, although the applicant should save himself time and money.